Congresswoman Cherfilus-McCormick Introduces Equality for Families with Disabilities Act

WASHINGTON, D.C. – Today, Congresswoman Sheila Cherfilus-McCormick (D-FL) introduced the Equality for Families with Disabilities Act. This legislation seeks to eliminate discrimination against parents and guardians with disabilities in state child welfare proceedings.

“Parents and guardians with disabilities will oftentimes face unreasonable scrutiny, being treated differently in child welfare proceedings and discriminated against by state agencies,” said Congresswoman Cherfilus-McCormick. “This legislation would address such prejudices and ensure that all parents receive the fair assessment they deserve.”

“Our child welfare system has produced inequities and used discriminatory practices that unfairly target parents and guardians with disabilities,” said Congressman Adam Schiff (D-CA). “The Equality for Families with Disabilities Act cracks down on those practices and ensures states use fact-based evaluations rather than restricting parental rights due to disability status. Our children deserve the best, and often that is simply the unwavering love and support of their parents.”

“The best thing for a child is to be loved and supported, and parents with disabilities should not be treated any differently,” said Congressman André Carson (IN-07). “Having a disability should never stop anyone from living full, happy, and fulfilling lives – with equal treatment under the law. This bill stands up for parents and guardians in pursuit of a more equitable and more fair systems for all.”

Parents and guardians with disabilities face excessive scrutiny from child welfare agencies. To combat this problem, this legislation will:

• Crackdown on discrimination against parents and guardians with disabilities by requiring individualized, fact-based evaluations of parenting capabilities to prevent state agencies from restricting parental rights solely based on disability status
• Require state child welfare plans to include support for parents, guardians, and other caregivers with disabilities
• Amend the Court Improvement Program (CIP) formula grants so that state courts can use the funding to assess the accessibility of state child welfare proceedings for parents and guardians with disabilities, and to implement improvements based on these assessments, such as sign language interpretation or other physical accessibility accommodations
• Require state courts that receive CIP funds to demonstrate meaningful efforts to ensure full and equal participation for parents and guardians with disabilities in child welfare proceedings
• Requires U.S. Department of Health and Human Services (HHS) and U.S. Department of Justice (DOJ), in consultation with relevant agencies, organizations, and individuals, to revise and update relevant technical assistance to include education and training materials for states.

"People with disabilities have the same dreams and aspirations as everyone else – including becoming a parent. Yet parents with disabilities face an extraordinary amount of societal discrimination and barriers,” said Robyn Linscott, Director of Education and Family Policy, The Arc. “It is all too common for them to experience referrals to child welfare services, child removals, custody loss, denials for adoptions, and many more unjust attacks on their basic human rights. People with disabilities deserve to build their own families and parent in their own unique ways, and we applaud this bill for working to protect their rights!”

“Everyone, regardless of age, parental status, or disability, deserves the right to access justice. It is a fundamental principle that we must embrace as a society,” said Ligia Cushman, Executive Director at The North American Council on Adoptable Children. “By ensuring that justice is available to all, including children, parents, and caregivers with disabilities, we take a momentous step toward building a world where fairness and equality prevail. This bill is a vital step towards a fairer court system for everyone.”

“Children’s Defense Fund is pleased to endorse the Equality for Families with Disabilities Act because we understand that we must do everything we can to keep families together,” said Dr. Starsky Wilson, President & CEO of Children’s Defense Fund. “This bill will ensure child welfare agencies more effectively support parents, guardians, and caregivers with disabilities, and children will reap the benefits. CDF has long advocated to better align federal child welfare policies with positive outcomes for children and their families. By discriminating against parents with disabilities, children suffer, and families are unnecessarily torn apart.”

The Equality for Families with Disabilities Act has been endorsed by several organizations, including Children’s Defense Fund, The National Association of Counsel for Children, The Arc, FosterClub, the North American Council on Adoptable Children, iFoster, and the American Association of People with Disabilities (AAPD).

Additional original co-sponsors of the legislation include Reps. Norton (D-DC), Grijalva (D-AZ), Evans (D-PA), Thompson (D-MS), Schiff (D-CA), Payne, Jr. (D-NJ), Carson (D-IN), and Cleaver (D-MO).

The text of the legislation can be accessed here.